Driving school

Hands-free driving legislation remains stalled as road deaths rise

Road deaths are on the rise in Iowa, and law enforcement officials believe the state’s difficult-to-enforce distracted driving laws play a role.

There have been 197 fatalities in crashes on Iowa highways, the Iowa Department of Transportation reported Tuesday. This is an increase of nearly 9% from the five-year average of 181 fatalities and a 5% increase from the 187 road fatalities last year.

Iowa State Patrol spokesperson: Distracted driving deaths likely ‘underreported’

The Iowa Department of Public Safety supports hands-free driving legislation, which has stalled in Iowa for the past four legislative sessions.

Distraction by an electronic device has been implicated in up to 14 deaths per year in Iowa between 2015 and 2020, according to the POINT. Overall in 2020, almost 2% of all motor vehicle accidents in Iowa involved drivers distracted by a phone or other electronic device. But the numbers may not tell the whole story, according to law enforcement officials.

“We’re just trying to really reduce our death rate here in Iowa,” said Ryan DeVault of the Iowa State Patrol. “And honestly, the distracted driving stats that anyone can look at, we law enforcement think are probably underreported.”

Current Iowa law prohibits texting and driving, as almost all states, but drivers over 18 can make phone calls and use the navigation systems. Thirty States have laws prohibiting the use of cell phones while driving.

Hands-free driving invoice was introduced in the Iowa Senate in January 2019. Three years later, the hands-free bill under consideration was titled Senate File 2141with a similar counterpart in the Chamber, House file 2129. Neither these hands free bills nor a house invoice that would prohibit the use of portable electronic communication devices in schools or roadwork areas have been passed by the Iowa House or Senate.

Police: Current Iowa law is difficult to enforce

Hands-free bills would prohibit the use of electronic devices while driving, with exceptions for voice-activated or hands-free mode and certain situations, such as receiving a weather or emergency alert. The Senate bill’s counterpart also includes an exception for access to fleet management systems. Violating the proposed law would result in a fine and a travel violation, which the bill says can qualify as a driver’s license suspension or for repeat offender status.

DeVault said the hands-free bill would be “more enforceable for us because you either have a phone in your hand or you don’t.”

Dave MacFarland of the Iowa State Police Association said people can use exceptions in current law for uses that “we know are dangerous.”

“So currently what we have in place now is very difficult for officers to enforce,” MacFarland said. “So if you see someone on the phone, it’s hard to tell from…behind them or even beside them: what are they doing?”

MacFarland said most of the time when officers in his department get a warrant to prove someone was using their phone, the case involves serious injury or death.

According to a Des Moines Register/Mediacom Poll conducted between February 28 and March 2. All but one of the lobbyists who registered their positions on any of the three hands-free bills were in favor or undecided.

Lawmakers offer theories on why bills haven’t moved forward

Rep. Ann Meyer, R-Fort Dodge, the House lead on the hands-free bill, said a poll of lawmakers found enough support in the House to pass the bill. But there wasn’t enough support in the House Ways and Means Committee, she said.

Rep. Carter Nordman, R-Adel, vice-chairman of the committee, said he believed the committee was not necessarily against the bill and that their main concern was “different potential reasons why someone might being stopped for not using hands-free,” like checking a watch.

“Some of these questions weren’t 100% answered for all of our ways and means committee members, and that’s why it didn’t move forward,” Nordman said.

Rep. David Jacoby, D-Coralville, the top member, said he wants the House hands-free bill sent to a subcommittee, where lawmakers can discuss the bill and hear the public.

Meyer also said she could still have moved the bill forward on the House floor. She said her leaders said that if the bill were introduced and passed, the Iowa Senate would not accept it.

“I’m coming back with the same bill next year,” Meyer said.

Senator Ken Rozenboom, R-Oskaloosa, was the leader of the bill in the Senate. He said it appeared the Senate leadership wasn’t interested in passing it because “there isn’t a high level of interest in the House,” he said in early April. The counterpart to the Senate Hands-Free Driving Bill passed the Transportation Committee unanimously in January, but was returned to the committee in March.

Senator Mark Lofgren, R-Muscatine, said in an email that he had been working on this bill for three years and that members of both houses had shown him “strong support” in the investigations he had. carried out. He thinks there must be members of the legislative leadership opposed to the hands-free legislation, “because it was never allowed to pass.”

“With the election coming up in November, leadership changes and committee assignments will take place and we can see what kind of support this legislation will have going forward,” Lofgren said. “I will continue to work to pass this legislation and I am confident that we will be successful in making Iowa’s roads safer to travel.”

House Majority Leader Matt Windschitl declined to comment, and Senate Majority Leader Jack Whitver, Senate Transportation Committee Chairman Waylon Brown and House Speaker Pat Grassley did not respond to requests for comment.